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Safety Zone: Naval Force Protection, Bath Iron Works, Bath, ME
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[Federal Register: April 26, 2001 (Volume 66, Number 81)]
[Rules and Regulations]
[Page 20926-20927]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ap01-15]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-01-047]
RIN 2115-AA97
Safety Zone: Naval Force Protection, Bath Iron Works, Bath, ME
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone to
close a portion of the Kennebec River to waterway traffic in a 400 foot
radius around Bath Iron Works, Bath, Maine for the protection of Naval
Forces, from 7 a.m. April 4, 2001 to 12 p.m. June 16, 2001. Entry into
this safety zone is prohibited unless authorized by the Captain of the
Port.
EFFECTIVE DATE: This rule is effective from 7 a.m. April 4, 2001 to 12
p.m. June 16, 2001.
ADDRESSES: Comments should be mailed to: Commanding Officer, U.S. Coast
Guard Marine Safety Office, 103 Commercial St., Portland Maine 04101-
4726. The Response and Planning Department, Coast Guard Marine Safety
Office maintains the public docket for this rule making. Comments and
material received from the public, as well as documents indicated in
this preamble as being available in the docket, will become part of
this docket and will be available for inspection or copying at the
Coast Guard Marine Safety Office between 8 a.m. and 4 p.m., Monday
through Friday, except for Holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant E. J. Doucette, Chief of
Response and Planning, Captain of the Port, Portland at (207) 780-3251.
SUPPLEMENTARY INFORMATION:
Regulatory History
As authorized by 5 U.S.C. 553, a notice of proposed rulemaking
(NPRM) was not published for this regulation. Good cause exists for not
publishing a NPRM and for making this regulation effective in less than
30 days after Federal Register publication. Due to the complex planning
and coordination involved, final details for the closure were not
provided to the Coast Guard until April 2, 2001, making it impossible
to publish a NPRM or a final rule 30 days in advance. Any delay
encountered in this regulation's effective date would be contrary to
public interest since immediate action is needed to safeguard the Naval
vessels moored to the Bath Iron Works facility, the public and the
surrounding area from sabotage or other subversive acts, accidents, or
other causes of a similar nature.
Background and Purpose
The safety zone will occur from 7 a.m. April 4, 2001 to 12 p.m.
June 16, 2001 at Bath Iron Works, Bath, Maine. This regulation
establishes a safety zone in the waters of the Kennebec River. This
safety zone is required to protect the Naval persons, facilities, and
vessels from the hazards associated with terrorism. Entry into this
zone will be prohibited unless authorized by the Captain of the Port.
Regulatory Evaluation
This temporary final rule is not a significant regulatory action
under section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that order. It has not been reviewed by the Office of Management and
Budget under that order. It is not significant under the regulatory
policies and procedures of the Department of Transportation (DOT) (44
FR 11040; February 26, 1979). The Coast Guard expects the economic
impact of this proposal to be so minimal that a full Regulatory
Evaluation under paragraph 10e of the regulatory policies and
procedures of DOT is unnecessary. This safety zone involves only a 400-
foot radius around Bath Iron Works. The effect of this regulation will
not be significant for several reasons: The safety zone is limited in
duration, the safety zone is limited in area, allowing mariners to
transit in the river channel outside of the safety zone, and maritime
advisories will be made in advance of and during the effective date of
the safety zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal will have a significant
economic impact on a substantial number of small entities. Small
entities may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
For the reasons addressed under the Regulatory Evaluation above,
the Coast Guard expects the impact of this regulation to be minimal and
certifies under section 605(b) of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) that
[[Page 20927]]
this final rule will not have a significant economic impact on
substantial number of small entities.
This rule will affect the following entities, some of which may be
small entities: fishing vessels and construction vessels transiting the
Kennebec River from 7 a.m. April 4, 2001 to 12 p.m. June 16, 2001. s
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will only be in effect for approximately 73 days, is limited in
duration and area, and will be advertised in advance.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offer to assist small
entities in understanding the rule so that they may better evaluate its
effects on them and participate in the rulemaking process. Small
businesses may send comments on the actions of Federal employees who
enforce, or otherwise determine compliance with, Federal regulations to
the Small Business and Agriculture Regulatory Enforcement Ombudsman and
the Regional Small Business Regulatory Fairness Boards. The Ombudsman
evaluates these actions annually and rates each agency's responsiveness
to small business. If you wish to comment on actions by employees of
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 113132 and have determined that
this rule does not have sufficient federalism implications for
Federalism under that order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An Unfunded Mandate is a regulation that requires a state,
local or tribal government or the private sector to incur costs without
the Federal government's having first provided the funds to pay those
costs. This rule will not impose an Unfunded Mandate.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in section 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity and reduce burden.
Protection of Children
The Coast Guard has analyzed this rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and does not
concern an environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments. A
rule with tribal implications has a substantial direct effect on one or
more Indian tribes, on the relationship between the Federal Government
and Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Environment
The Coast Guard has considered the environmental impact of this
regulation and concluded that, under Figure 2-1, paragraph 34(g) of
Commandant Instruction M16475.1C, this rule is categorically excluded
from further environmental documentation. A Categorical Exclusion
Determination and an Environmental Analysis Checklist is available in
the docket for inspection or copying.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
Regulation
For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.
2. Add temporary section, 165.T01-047 to read as follows:
Sec. 165.T01-047 Naval Force Protection, Bath Iron Works, Bath, ME.
(a) Location. The following is a safety zone: all waters in a 400-
foot radius around Bath Iron Works, Bath, ME.
(b) Effective date. 7 a.m. April 4, 2001 to 12 p.m. June 16, 2001.
(c) Regulations. (1) The general regulations contained in
Sec. 165.23 and the regulations specifically relating to safety zones
in Sec. 165.20 of this part apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on scene patrol
personnel. Upon being hailed by designated personnel via siren, radio,
flashing light, bull horn, or other means, the operator of the vessel
and other persons inside the safety zone shall proceed as directed.
(3) Entry or movement within this zone is prohibited unless
authorized by the Captain of the Port, Portland, ME.
Dated: April 4, 2001.
Roy A. Nash,
Commander, U.S. Coast Guard, Captain of the Port.
[FR Doc. 01-10420 Filed 4-25-01; 8:45 am]
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